A empresa pública de pesquisa e os marcos legais na indústria de sementes

Abstract

Plant breeding is an important tool used by the research to promote agricultural development, in a nearly related work with the segment of seed production, which makes the distribution of the new cultivars. Changes in the brazilian laws determined deeply transformations in booth segments. This work treat the changes in the laws related with research, development and innovation, the intellectual property, the biosafety and the seed production, with emphasis in its effects on the development of new cultivars and seed production, marketing and use. In particular for some species occurred a strong increase of the research segment, with the actuation of new obtainers, able to invest and using strong strategies. Cultivars availability increased and the market became very competitive, affecting seed marketing. The organizations needed to adapt themselves to a new reality to remain in activity, with changes in research, seed production and the market relations. Embrapa, as a public organization which has a strong role in this sector, developed a special work of adaptation to this new environment, involving the strategic planning, internal roles, and its new relations, using the contracts intensively. Its responsability with the agribusiness improvement and with low income farmers, Embrapa created a net of partnerships involving some kinds of organizations to research and create new cultivars and adopted a licensing system for seed production and marketing. The Embrapa s licensing is in a position against the strategies of verticalization and market concentration developed by some obtainers, and it is a way to protect some seed growers which don t have the research of new cultivars. The licensed seed growers make the distribution of the Embrapa s cultivars and in conterpart they pay royalties for the intellectual property rights. By a case study the Embrapa s licensing system of cultivars is analysed, with focus on its efficacy as a tool of technology transference and royalties appropriation. It was done a survey about the seed sales and the system performance was evaluated with the application of indexes in the different stages of the process. It is seen that the licensing system is a very useful tool, but it needs to be improved to get better efficacy. Besides the importance of keeping the quality of its products, the organization needs to improve the market relations and promote its products to enhance its adoption. The discussion about the Embrapa s experience issues the identification of futures challenges to be faced by the organization, gives some informations to the improvement of the relationship between obtainers, seed growers and farmers, and permits the identification of strategies which can enforce the technical and economic performance of the plant breeding programs.